Malawi Supreme Court of Appeal - 2017 April

4 judgments

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4 judgments
Citation
Judgment date
April 2017
Supreme Court dismissed stay application as an abuse of process amid overlapping interlocutory proceedings and ordered each party to bear own costs.
Civil procedure – Stay of execution pending appeal – Abuse of court process where multiple overlapping interlocutory applications pursued – Applicants must elect appropriate procedural route – Costs: each party to bear own.
24 April 2017
Applicant must exhaust tax-law remedies; no stay granted where Commissioner General had already determined the appeal.
Tax procedure — stay of execution — whether stay appropriate where Commissioner General has determined appeal within statutory period; requirement to exhaust statutory tax remedies; Court’s inability to stay proceedings before Commissioner General; adjournment and substitution of counsel.
24 April 2017
11 April 2017
A stay cannot be granted where there is no execution because the judgment has been paid into court pending appeal.
Civil procedure — Stay of execution — Where judgment ordered paid into court pending appeal there is no execution to stay; application for stay of 'phantom execution' is misconceived — Leave to appeal not required merely because judgment delivered in chambers.
11 April 2017